What the law says
SENDIASS is a statutory service. This means it is required by law.
The Children and Families Act 2014 says that local authorities must make sure parents/carers and young people can get information, advice and support about education, health and care.
Services must also follow the SEND code of practice and meet the Minimum Standards for SENDIAS services.
What is the SEND system?
The SEND system in England is built on three key legal documents that work together to protect and support children and young people with special educational needs and disabilities (SEND):
Children and Families Act 2014
This is the main law that sets out the rights of children and young people with SEND and their families. It introduced:
- education, health and care plans to replace old SEN statements
- a Local Offer from each council showing what support is available
- a requirement for services to work together across education, health and social care
- support from birth to age 25
- more choice and control for families
SEND Regulations 2014
These are the rules that explain how the Children and Families Act must be carried out. They cover:
- how EHC needs assessments and plans must be done
- timeframes for decisions
- what schools and councils (LA’s) must publish (like the local offer)
- what happens if you disagree with decisions (i.e. mediation and appeals)
SEND Code of Practice
The SEND Code of Practice is statutory guidance. This means that schools, local authorities, health services, and others must follow it, unless they have a good reason not to.
It explains how to support children and young people with special educational needs and disabilities (SEND), and how to apply the law set out in the Children and Families Act 2014 and the SEND Regulations 2014. The code:
- applies to children and young people aged 0-25.
- sets out how to identify, assess and meet SEND needs
- emphasises the importance of working together across education, health and care
- requires that children, young people and their families are involved in decisions
- describes the graduated approach (assess, plan, do and review) used in schools
- covers education, health and care plans (EHCPs), including how they are requested, written and reviewed.
The SEND Code of Practice is used by local authorities, schools and colleges, early years providers, health professionals, social care teams and the SEND tribunal.
It helps ensure that children and young people with SEND get the right support at the right time and that families understand their rights and options.
How do these link together?
- The Children and Families Act is the main law
- The SEND Regulations are the rules that explain how to follow the law
- The SEND Code of Practice is the guide that shows you how to apply the law and rules in real life.
Together they make sure that children and young people with SEND get the right support, families are involved in decisions and services work together to meet needs.
Other important laws
In addition to the three core documents, there are other important laws that help protect and support children and young people with SEND:
- Equality Act 2010 – This law protects children and young people from discrimination based on disability, race, gender, and other protected characteristics. Schools and services must make reasonable adjustments so disabled pupils are not disadvantaged.
- Human Rights Act 1998 – This law ensures that public bodies (like schools and councils) respect basic rights such as the right to education, family life, and fair treatment. It can be used to challenge decisions that are unfair or discriminatory
- Mental Capacity Act 2005 – This law helps protect people aged 16 and over who may find decision-making difficult. It says public bodies (like schools and councils) must support people to make their own choices. If someone can’t decide, others must act in their best interests and treat them with respect and fairness. It can be used to challenge decisions that are unfair or too controlling.
- Education Act 1996 – This law requires local authorities to provide suitable education for children of compulsory school age who cannot attend school due to illness, exclusion, or other reasons. The education must be full-time unless the child’s health makes that unsuitable
These documents help ensure that children, young people and their families are treated fairly and that their rights are respected across all areas of life.
Other important guidance
There are a range of statutory guidance to support families with issues beyond SEND law, including exclusions, attendance, behaviour and access to education. These documents help to ensure children and young people with SEND are treated fairly and receive suitable support.
- School suspensions and permanent exclusions is statutory guidance for schools, academies and local authorities on how to lawfully suspend or permanently exclude a pupil. It also covers managed moves, of-site direction and the responsibilities of governing boards and independent review panels
- Working together to improve school attendance is statutory guidance for schools, academy trusts and local authorities on improving attendance. It also includes expectations around early intervention, part-time timetables, data sharing and legal intervention.
- Arranging Alternative Provision – guide for LAs and schools is guidance for local authorities and schools on arranging education for pupils who cannot attend school due to exclusion, illness or other reasons.
